Youth Criminal Justice Act (YCJA) Lecture Slides PDF

www.opcva.ca Youth Criminal Justice Act (YCJA) Basic Constable Training: Lecture 1 of 2 Prepared By: S. Labanich Presentation Date: Version: BCT January 2022SL © Queen's Printer for Ontario, 2018 Objectives • Background of the YCJA April 2003 • Understand the “Teenage Brain” • Understand t...

www.opcva.ca Youth Criminal Justice Act (YCJA) Basic Constable Training: Lecture 1 of 2 Prepared By: S. Labanich Presentation Date: Version: BCT January 2022SL © Queen's Printer for Ontario, 2018 Objectives • Background of the YCJA April 2003 • Understand the “Teenage Brain” • Understand the Declaration of Principles and Objectives of the Youth Criminal Justice Act. • Be familiar with terms used in the YCJA. • Be familiar with and understand the rationale of Extrajudicial Measures. • Have an overall understanding of the legislation and the function of police within the legislation. 2 Police response to youth crime prior to the YCJA 3 YCJA Background – April 1, 2003 The YCJA introduced significant reforms to address concerns about how the youth justice system had evolved under the YOA. These concerns included: • the over use of the courts and incarceration in less serious cases, • disparity and unfairness in sentencing, • lack of effective reintegration of young people released from custody, 4 YCJA Background – April 1, 2003 Continued: • and the need to better take into account the interests of victims. • Insufficient recognition of interests of victims • Lengthy delays -- ineffective for dealing with youth 5 Definitions s. 2(1) A criminal offence is a breach of any Federal Statute The YCJA is procedural law upon which young people are navigated through the criminal justice system. Definition of a young person: A person who is or, in the absence of evidence to the contrary, appears to be twelve years old or older, but less than eighteen years old. ***YCJA applies to twelve to seventeen year-olds*** 6 “Brain changes during adolescence” Video URL: https://www.youtube.com/watch?v=5Fa8U6BkhNo Source: Brain changes during adolescence | Behavior | MCAT7| Khan Academy YCJA Declaration of Principles s. 3(1)(a) Protect the public by: • holding young persons accountable through measures that are proportionate to the seriousness of the offence and the degree of responsibility of the young person, • Rehabilitation and reintegration • Prevent crime by referring young persons to community agencies to address the underlying circumstances of their offending behaviour; 8 YCJA Declaration of Principles s. 3(1)(b) Criminal Justice System must be separate from adults Based on principle of diminished moral blameworthiness/culpability Must Emphasize: • Rehabilitation and reintegration • Fair/proportionate accountability – due to their greater dependency and reduced maturity • Treated fairly and ensure rights are protected including right to privacy • Timely intervention – reinforces link between offending behavior/consequences • Prompt action by officials due to young persons perception of time 9 YCJA Declaration of Principles s. 3(1)(c) Measures against young persons should: • Reinforce respect for societal values • Encourage repair of harm to victims/community • Be meaningful for the young person – where appropriate involve parents, extended family, community, social agencies in the rehabilitation and reintegration • Respect gender, ethnic, cultural and linguistic differences and respond to the needs of aboriginal young persons and young persons with special requirements 10 YCJA Declaration of Principles s. 3(1)(d) Special Considerations • Protection of right to be heard/participate in processes that lead to decisions that affect them • Victims should be treated with courtesy, compassion and respect for their personal dignity – minimum inconvenience as a result of their involvement with the youth criminal justice system • Victims should receive information about proceedings and be given an opportunity to be heard • Parents should be informed of the measures/processes and be encouraged to support their children 11 YCJA Re-Cap: Principles Video URL: https://www.youtube.com/watch?v=QIUeMgH0HrQ&list=PLjp6GdJz-EA7lSOJLqdIx5CXI9sCexram&index=0 Source: Department of Justice Canada 12 YCJA Definitions • Conference • Custodial Portion • Extrajudicial Measure • Extrajudicial Sanction • Pre-sentence report • Violent offence • Serious violent offence 13 Definitions YCJA s. 2(1) conference means a group of persons who are convened to give advice in accordance with section 19. custodial portion, with respect to a youth sentence imposed on a young person under paragraph 42(2)(n), (o), (q) or (r), means the period of time, or the portion of the young person’s youth sentence, that must be served in custody before he or she begins to serve the remainder under supervision in the community subject to conditions under paragraph 42(2)(n) or under conditional supervision under paragraph 42(2)(o), (q) or (r) 14 Definitions YCJA s. 2(1) extrajudicial measures means measures other than judicial proceedings under this Act used to deal with a young person alleged to have committed an offence and includes extrajudicial sanctions. extrajudicial sanction means a sanction that is part of a program referred to in section 10 15 Pre-Sentence Report YCJA s. 2(1) pre-sentence report means a report on the personal and family history and present environment of a young person made in accordance with section 40. 16 Violent Offence YCJA s. 2(1) violent offence means (a) an offence committed by a young person that includes as an element the causing of bodily harm; (b) an attempt or a threat to commit an offence referred to in paragraph (a); or (c) an offence in the commission of which a young person endangers the life or safety of another person by creating a substantial likelihood of causing bodily harm. 17 Serious Violent Offence YCJA s. 2(1) serious violent offence means an offence under one of the following provisions of the Criminal Code: (a) section 231 or 235 (first degree murder or second degree murder); (b) section 239 (attempt to commit murder); (c) section 232, 234 or 236 (manslaughter); or (d) section 273 (aggravated sexual assault). 18 Extrajudicial Measures YCJA s. 4(c): Declaration of Principles "Extrajudicial measures are presumed to be adequate to hold the young person accountable if the young person has committed a nonviolent/non-serious offence and has not previously been found guilty of an offence." 19 Extrajudicial Measures YCJA s. 4(d)(i)(ii) Declaration of Principles Nothing in this Act precludes their use in respect of a young person who: has previously been dealt with by extrajudicial measures • or previously been found guilty of an offence..." • If it will hold that young person accountable for his/her offending behaviour 20 Extrajudicial Measures Objectives: S. 5 YCJA • • • • • • Effective and Timely response Encourage young persons to acknowledge and repair the harm caused to the victim and community Encourage the involvement of family, the community in design and implementation of the measures Victim participation in decisions for measures Respect the rights of young persons Proportionality to the offence 21 Types of Extrajudicial Measures YCJA s. 6 A police officer shall consider, before starting any judicial proceedings or taking any other measures under this Act; • Taking no further action (i.e., a decision is made by the police officer that no further response to an incident is required); • A warning from the police (such warnings are intended to be informal warnings and are an example of a traditional exercise of police discretion); 22 Types of Extrajudicial Measures YCJA s. 6 Continued: • A caution from the police (cautions are more formal warnings that may typically involve a letter from the police to the young person and the parents and in some cases may require the young person and parents to appear at the police station for a meeting to discuss the incident); • A referral from the police to a community program or agency designed to help youth avoid committing offences (such referrals may only be made with the consent of the young person); 23 Types of Extrajudicial Measures YCJA s. 6 Continued: • A Crown caution (such cautions are similar to police cautions but are issued by Crown prosecutors after the police have referred the case to them); and • An extrajudicial sanction (sanctions are applied through more formal programs set up by the provinces and territories). 24 Extrajudicial Measures YCJA s. 6(2) • recognizes that officers will lay a charge when necessary and that even if the officer did not consider the use of extrajudicial measures, it does not invalidate the charges laid by an officer. • This section will likely come under the scrutiny of the courts • Officers must learn to properly articulate why they did not believe anything beyond a charge would hold a young person accountable, especially for non-violent offences and first-time offences. 25 Extrajudicial Measures YCJA s. 115(1.1) An officer may articulate in their report mitigating and aggravating factors such as: circumstances surrounding the incident • overall impressions of the youth under the circumstances (e.g. willingness to make reparations, willingness to participate in a program, age and maturity) • impact on the victim/complainant • 26 Benefits of EJM’s • Are often the most appropriate and effective way to address youth crime; • Allow for effective and timely interventions that encourage a young person to acknowledge and repair the harm caused to the victim and the community; and • Provide opportunities for the community to become involved in responding to youth crime and enable youth courts to focus on the more serious cases. 27 Extrajudicial Sanction YCJA s. 10(1) Most formal extrajudicial measure (before or after a charge) Used only when a young person cannot be adequately dealt with by a: • warning, police caution or referral or crown caution or • due to the seriousness of the offence or • the nature/number of previous offences or • other aggravating circumstances 28 Extrajudicial Sanction YCJA s. 10(2) Conditions • Appropriate to the needs of the young person and interest of society • Young person fully and freely consents • Before consenting, young person has been advised of right to counsel and given an opportunity to consult with counsel • Young person accepts responsibility for the act/omission of offence it is alleged they committed • There is sufficient evidence to proceed with prosecution • Prosecution is not barred by the sanction if the young person fails to comply with the sanction 29 Extrajudicial Sanction YCJA s. 10(3)(4) Restrictions and Admissions Restrictions: • Cannot be used if young person denies participation in the commission of the offence • Wants to have the charge dealt with by a youth court justice Admissions for any extrajudicial measure cannot be used against the young person for any civil or criminal proceedings 30 31 Conference: How might they Operate? YCJA s. 19 Conferences provide for a wide range of perspectives on the case. They enable more creative solutions, better coordination of services and increased involvement of the victim and other community members in the youth criminal justice system. 32 Conference: Who May Call One YCJA s. 19(1) A conference can be convened by: • A youth justice court judge • The provincial director • A police officer • A justice of the peace • A prosecutor • A youth worker 33 Conference: Overall Purpose YCJA s. 19(2) A conference may be convened to advise on: Appropriate extrajudicial measures • Conditions for interim judicial release • Sentencing • Reintegration plans • 34 Recording EJM’s YCJA s. 119(4) : Future consideration and reference Service data collection i.e. • RMS (Record Management Systems) • CAD (Computer Aided Dispatch) 35 Recording EJM’s YCJA s. 119(4) : WHY??? • Why they are the most effective • Address the issue of cross border "shopping.“ • We are improving communication between services for young persons. • National Data Requirements 36 Recording EJM’s YCJA s. 119(4) : WHY??? Continued: • Reminder: The offences that are being considered for measures are the less serious and less violent than the other types of offences E.g., shoplifting, minor assault • RMS allows for an internal mechanism to demonstrate how Extrajudicial Measures are being used at a local level • Can be used to show the effectiveness of measures 37 Recording EJM’s YCJA s. 119(4) : WHY??? Continued: • Identifies the use of resources • Police Departments are looking at programs that will allow us to look at each other's RMS files. NICHE already has a patch for some. 38 Can you arrest a ten-year-old male for hitting someone with a bat? YES 39 When you arrest a 14 year old for theft under $5000.00, where is your arrest authority found? YCJA or Criminal Code 40 The YCJA deals with youth ages _____to _____ 12 17 41 Always remember from the officer safety perspective that regardless the age of the youth, there is an ability to inflict great pain and violence …look at how many shots were fired and the victims desire and actions to fight off their attackers and tie back in with officer safety "training for survival." 42 Final Next Session • Rights to counsel • Notice to Parent • Youth caution • Cautioned Statement • Notification and publications 43